Jammu & Kashmir – A backdrop Shantanu Bhagwat http://Satyameva-Jayate.org

The present reality

Separating myths from reality The accession of Jammu and Kashmir to India was incomplete The promised plebiscite is (still) awaited

The accession of Jammu and Kashmir to India was incomplete

The promised plebiscite is (still) awaited

Brief context In Jan ’48, under Article 35 of the UN Charter, India took up the matter of Pakistan’s armed aggression against India (Oct ’47) at the United Nations Note that the issue that was raised was Pakistan’s aggression against India, not the legality of the Instrument of Accession.

In Jan ’48, under Article 35 of the UN Charter, India took up the matter of Pakistan’s armed aggression against India (Oct ’47) at the United Nations

Note that the issue that was raised was Pakistan’s aggression against India, not the legality of the Instrument of Accession.

The August 1948 Resolution Part I provided for a cease-fire Part II provided for a truce agreement under which Pakistan would accept unconditional withdrawal of its troops, tribesmen, and all unlawful Pakistan nationals from Jammu and Kashmir Part II further recognized the necessity of India to maintain an army in Jammu and Kashmir to maintain law and order in the state.

Part I provided for a cease-fire

Part II provided for a truce agreement under which Pakistan would accept unconditional withdrawal of its troops, tribesmen, and all unlawful Pakistan nationals from Jammu and Kashmir

Part II further recognized the necessity of India to maintain an army in Jammu and Kashmir to maintain law and order in the state.

Part III stated that “ The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Kashmir shall be determined in accordance with the will of the people, and to that end, upon acceptance of the truce agreement (of Part II), both Governments agree to enter consultations with the Commission (UNCIP) determine fair and equitable conditions whereby such free expression will be assured ” The August 1948 Resolution

Part III stated that “ The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Kashmir shall be determined in accordance with the will of the people, and to that end, upon acceptance of the truce agreement (of Part II), both Governments agree to enter consultations with the Commission (UNCIP) determine fair and equitable conditions whereby such free expression will be assured ”

The January 1950 Resolution Superseded the August ’48 resolution and mentioned that The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite; A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission's Resolution of 13 August 1948, have been carried out and arrangements for the plebiscite have been completed; Note that there was no mention of any “third option” of “independence”

Superseded the August ’48 resolution and mentioned that

The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite;

A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission's Resolution of 13 August 1948, have been carried out and arrangements for the plebiscite have been completed;

Note that there was no mention of any “third option” of “independence”

Fast Forward to Feb 1954 Adult franchise, expressing the unambiguous will of the people, was conducted on Feb.6, 1954 in the State of Jammu and Kashmir Jammu & Kashmir’s democratically elected Constituent Assembly unanimously ratified the state's accession to India Source: Arvind Lavakare “ Forgotten day in Kashmir's History ”

Adult franchise, expressing the unambiguous will of the people, was conducted on Feb.6, 1954 in the State of Jammu and Kashmir

Jammu & Kashmir’s democratically elected Constituent Assembly unanimously ratified the state's accession to India

Source: Arvind Lavakare “ Forgotten day in Kashmir's History ”

Fast Forward to Feb 1954 This “vote” was signed, sealed and delivered…not by a Hindu Maharaja ruling over a population of which 77 percent were Muslims, but by a democratically elected constitutional body all of whose 75 members were followers of a Muslim leader called Sheikh Abdullah

This “vote” was signed, sealed and delivered…not by a Hindu Maharaja ruling over a population of which 77 percent were Muslims, but by a democratically elected constitutional body all of whose 75 members were followers of a Muslim leader called Sheikh Abdullah

Preamble to J&K Constitution “ We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of accession of this State to India which took place on the twenty-sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof…”

“ We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of accession of this State to India which took place on the twenty-sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof…”

Section 3, J&K Constitution “ The State of Jammu and Kashmir is and shall be an integral part of the Union of India” Note that Section 3 is non-amendable, as per Section 147 India’s Ex-Chief Justice Dr. A.S. Anand has opined (in “The Constitution of Jammu & Kashmir –Its Development & Comments”) that “…the J&K Constitution represents the supreme will of the People of the State ”

“ The State of Jammu and Kashmir is and shall be an integral part of the Union of India”

Note that Section 3 is non-amendable, as per Section 147

India’s Ex-Chief Justice Dr. A.S. Anand has opined (in “The Constitution of Jammu & Kashmir –Its Development & Comments”) that “…the J&K Constitution represents the supreme will of the People of the State ”

A bit of History…

A bit of History…

Parliament Resolution, Feb ‘94 The state of Jammu & Kashmir has been, is and shall be an integral part of India and any attempts to separate it from the rest of the country will be resisted by all necessary means; (India) demands that…Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression…

The state of Jammu & Kashmir has been, is and shall be an integral part of India and any attempts to separate it from the rest of the country will be resisted by all necessary means;

(India) demands that…Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression…

Points for discussion… Do you agree that Pakistan occupied Kashmir is the epicentre of international terrorism today? Do you believe that India will benefit from a collapse of the state of Pakistan or its balkanization? Do you feel that now is the best opportunity since the last 60 years to settle the issue of Jammu & Kashmir with Pakistan? Do you believe that any strategic solution to deal with international terrorism must begin with sterilizing the region of PoK… … and its integration in the Union of India?

Do you agree that Pakistan occupied Kashmir is the epicentre of international terrorism today?

Do you believe that India will benefit from a collapse of the state of Pakistan or its balkanization?

Do you feel that now is the best opportunity since the last 60 years to settle the issue of Jammu & Kashmir with Pakistan?

Do you believe that any strategic solution to deal with international terrorism must begin with sterilizing the region of PoK…

… and its integration in the Union of India?

Questions, Comments... Jai Hind, Jai Bharat! Shantanu @ Satyameva-Jayate.org